Acts and Regulations

2021-81 - General

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2021-81
under the
Construction Remedies Act
(O.C. 2021-273)
Filed October 26, 2021
Under section 103 of the Construction Remedies Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation – Construction Remedies Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Construction Remedies Act.(Loi)
“sub-subcontractor” means a person who supplies services or materials for an improvement under a subcontract entered into directly with a subcontractor who has entered into a subcontract directly with the contractor for the improvement.(sous-sous-traitant)
Minimum claim amount – claim for lien
3The amount prescribed for the purposes of subsections 24(1) and (2) of the Act is $1,000.
Holdback trust accounts – exclusions
Repealed: 2023, c.14, s.2
2023, c.14, s.2
4Repealed: 2023, c.14, s.2
2023, c.14, s.2
Holdback – payment on annual basis
5The amount prescribed for the purposes of paragraph 49(2)(c) of the Act is $10,000,000.
Holdback – payment on phased basis
6The amount prescribed for the purposes of paragraph 50(2)(b) of the Act is $10,000,000.
Interest – late payment of holdback
7The rate prescribed for the purposes of section 52 of the Act is 7% per year.
Notice to owner – classes of buildings
8The following classes of buildings are prescribed for the purposes of subsection 54(1) of the Act: 
(a) single-family dwellings;
(b) duplex dwellings;
(c) triplex dwellings;
(d) fourplex dwellings;
(e) condominium units;
(f) cottages; and
(g) mobile homes.
Labour and material payment bonds and performance bonds – Crown and local governments
9For the purposes of subsections 83(1) and (2) of the Act, the amount prescribed is $500,000.
Labour and material payment bonds and performance bonds – special purpose entities
10(1)For the purposes of subsection 84(1) of the Act, the amount prescribed is $500,000.
10(2)For the purposes of subparagraphs 84(4)(b)(i) and (ii) of the Act, the contract price amount prescribed is $100,000,000.
10(3)For the purposes of subparagraph 84(4)(b)(ii) of the Act, the coverage limit amount prescribed is $50,000,000.
10(4)For the purposes of subparagraphs 84(5)(b)(i) and (ii) of the Act, the contract price amount prescribed is $100,000,000.
10(5)For the purposes of subparagraph 84(5)(b)(ii) of the Act, the coverage limit amount prescribed is $50,000,000.
Labour and material payment bonds – protection for prescribed class of persons
11(1) Sub-subcontractors are prescribed for the purposes of subparagraphs 83(5)(c)(ii) and 84(4)(c)(ii) of the Act.
11(2)A labour and material payment bond shall extend protection to a sub-subcontractor up to an amount equal to the amount that the sub-subcontractor would be eligible to recover from a non-Crown owner if the sub-subcontractor were claiming a lien under the Act for the services and material actually supplied by the sub-subcontractor to the subcontractor for the improvement.
Forms
12(1)A landlord’s notice to lienholders referred to in subsection 28(3) of the Act shall be in Form 1.
12(2)A written notice of lien referred to in section 30 of the Act shall be in Form 2.
12(3)An affidavit referred to in subsection 30(3) of the Act shall be in Form 3.
12(4)A notice of withdrawal referred to in subsection 32(1) of the Act shall be in Form 4.
12(5)An irrevocable standby letter of credit referred to in paragraph 39(a) of the Act shall be in Form 5.
12(6)A holdback release bond referred to in paragraph 39(b) of the Act shall be in Form 6.
12(7)A certificate of substantial performance referred to in section 42 of the Act shall be in Form 7.
12(8)A certificate of completion of subcontract referred to in section 45 of the Act shall be in Form 8.
12(9)A notice to owner referred to in subsection 54(1) of the Act shall be in Form 9.
12(10)A claim for lien referred to in subsection 56(1) of the Act shall be in Form 10.
12(11)An affidavit referred to in subsection 56(3) of the Act shall be in Form 11.
12(12)A certificate of pending litigation shall be in Form 12.
12(13)A certificate of discharge shall be in Form 13.
12(14)An affidavit of execution shall be in Form 14.
12(15)An affidavit of corporate execution shall be in Form 15.
12(16)A release of lien bond shall be in Form 16.
12(17)A notice of lien referred to in subsection 80(2) of the Act shall be in Form 17.
12(18)A labour and material payment bond shall be in Form 18.
12(19)A performance bond shall be in Form 19.
12(20)A notice of examination on a claim for lien shall be in Form 20.
12(21)A notice of trial shall be in Form 21.
12(22)A judgment for an action to enforce a lien that attaches to land shall be in Form 22.
12(23)A judgment for an action to enforce a lien against a public owner’s holdback shall be in Form 23.
Commencement
13This Regulation comes into force on November 1, 2021.
N.B. This Regulation is consolidated to June 16, 2023.